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The Stage Producer’s Business and Legal Guide
The first legal survival kit for anyone in the business of presenting live entertainment. Business and Legal Forms for Theater
Comprehensive, ready to use collection of 25 model business and legal forms for the performing arts, with accompanying CD-ROM. |
Newslettercharles grippo september 2006 newsletter
SEPTEMBER, 2006 www.charlesgrippo.org CALL FOR BOYCOTT I'm advising all my playwrighting colleagues to boycott next year's STAGES 2006, the national festival of new musicals presented by Theatre Building Chicago. After this year's debacle, why would any of us want to participate? Briefly, STAGES 2006 is a two day workshop, presented every August, of musicals-in-progress. These are drafts, presented in concert readings, before the public which pays a nominal admission. Few are ready for critical scrutiny. This year Hedy Weiss, critic for the Chicago Sun Times, attended the festival, saw the first act (and in some cases only ten minutes)of each of the pieces, and, two days after the festival ended, panned all of the shows in print. Charges and counter charges have flown between her, the Dramatists Guild, and the executive director of the Theatre Building, as to whether she had been invited to review these works-in-progress or merely publicize the event. Bottom line: these scripts, which, in many cases, are only mere drafts, have been tainted by Weiss's public dismissal. I have been unable to ascertain at this time whether their authors were asked, in advance, if they wanted their works reviewed at this stage in their development. My guess is most did not even know Weiss was coming. This is unacceptable. No critic has the right to review an author's work until the author deems it ready for review. (Would Weiss want us to review first drafts of her columns? I doubt it.) You can read much more about this subject in my September, 2006 blog on my website. However, I am calling for my fellow artists to boycott next year's festival. Do not submit your scripts to STAGES 2007 unless you are absolutely confident they are ready for critical review and you are willing to subject yourself to that kind of pressure. There are workshops in other towns where critics respect the meaning of "work in progress." For my part, I am taking my own musical elsewhere. I advise you to do the same. MORE WORKSHOP ADVICE If your theater company presents its own workshops or festival of new works, you will want to avoid the STAGES 2006 disaster. Here's how: First, ascertain whether you want critics to evaluate in print the works you are presenting. Publicity is always wonderful, but premature publicity can do more harm than good. If a work is still in progress and it is not ready for scrutiny, you risk tainting its future forever. (Early reviews of new works count.) And critics, who often aren't capable of judging even finished productions accurately, are way out of their league in evaluating early drafts of a project. Your authors should really be the final decision makers in this situation. After all, it is their work that will be judged (and possibly damaged) by premature reviews. Be courteous. Let them decide in advance if they want the critics. If you decide not to invite the critics, you may, nonetheless, wish to publicize your event. Nothing wrong here. Just make it very clear to your local media that, while you would like them to promote your festival, the entries are still works-in progress and they are NOT to be reviewed. FROM STAGE TO SCREEN: BEAU JEST, Jim Sherman's popular comedy about a Jewish woman who tries to pass off a gentile as her boyfriend to her parents, is currently filming now. Sherman wrote the screenplay adaptation. The movie will be released in 2007. SWEENEY TODD, Stephen Sondheim's musical about the demon barber, is also set to go before the cameras, with Johnny Depp making his singing debut. FROM L.A. CURTAINS, one of the last collaborations of John Kander and Fred Ebb, before the latter's death two years ago this month, opened to rave reviews in Los Angeles. My West Coast spies report the word of mouth is simply fantastic. Rupert Holmes rewrote the book from a story by the late Peter Stone.) David Hyde Pierce and Debra Monk star. Its producers are already working out a Broadway engagement. MINI-REVIEW Patti LuPone in GYPSY For the last several years, Ravinia, a summer music festival located in a suburb of Chicago, has been presenting a tribute to Stephen Sondheim, by staging one of the Master's musicals. This August Ravinia presented GYPSY (for which Sondheim wrote the lyrics to Jule Styne's music), with Patti Lu Pone making her debut as Mama Rose. And what a debut it was! Accompanied by the Chicago Symphony Orchestra, Lu Pone was simply earth shattering. From the moment she entered until the final curtain, she was Mama Rose. A nice touch: at the end of "Rose's Turn," she bowed as Rose bowing to her imaginary audience. Unlike previous actors who have played Herbie, Jack Willis really made you understand why he stayed with Rose as long as he did. And Jessica Boevers more than held her own against LuPone as she transformed from shy, neglected Louise to a stripper who could dazzle men as much as Gypsy Rose Lee evidently did in real life. Promoted in advance as a concert, GYPSY surprised by being almost a full production - with scenery, costumes, and Jerome Robbins' original choreography (recreated by Bonnie Walker). Lonnie Price directed. Perhaps it's too soon to revive GYPSY on Broadway after the Bernadette Peters production, but this cast and production really deserve to continue to be seen beyond the 3 Ravinia performances. Incidentally, Stephen Sondheim himself was to appear for a Q & A before the Friday night performance, but cancelled reportedly due to illness. A pity. I'm confident he would have loved it. WATCH FOR STUDIO, a new musical by Charles Strouse, the composer of ANNIE and BYE BYE BIRDIE. I saw it in a workshop production in August. It's a good deal of fun, with some catchy songs. Only downside: miscasting (not under Strouse's control). This is Strouse's first attempt at writing the book, music, and lyrics for a show. Since he's worked with such master book writers as Michael Stewart, Comden and Green, Joseph Stein, and Thomas Meehan, it's obvious he's learned the craft well. I predict a savvy commercial producer will pick up the show and it will have a long life. PRODUCERS BEWARE In still another example of the escalating tension between directors and playwrights over ownership of blocking and stage directions, the Southern District Court of New York recently decided the case of Einhorn v. Mergatroyd. In that case, director Edward Einhorn sued playwright Nancy McClernan, to assert copyright ownership in certain blocking and stage directions which Einhorn alleged belonged to him. For our purposes here --- and my warning to you -- note the caption of the case Einhorn v. Mergatroyd. (Emphasis mine). Not vs. McLernan, although Ms. McLernan was a party to the suit. Mergatroyd is the name of the production company, which presented the play which was the subject of the lawsuit. Producer Jonathan Flagg (of Mergatroyd) was also named as a party defendant. (In addition to the copyright claim, Einhorn also claimed compensation for his work as director, even though he had been fired during rehearsals.) (Coincidentally, the case was heard by the same Federal judge who presided over the infamous Rent case.) In these instances, in which a party - usually either the director or the dramaturg - sues to claim either partial or complete ownership in the copyright, royalties and credit, or all of the above, the Plaintiff (the party who is suing) sues both the Playwright and her Producer. (Again, in the Einhorn case, there was also an issue of alleged compensation for directorial services, which of course is a Producer's problem anyway.) This is in keeping with the basic philosophy that keeps lawyers on both sides busy: sue everyone who might remotely be held liable. Regardless of the ultimate outcome of these cases, the defendants (that includes the Producer) must spend gobs of money in attorney fees and court costs fighting off the claims. That's money that could better be used producing more theater, invested in capital improvements, or -- well, you get the idea. And, in some cases, the very costs of defending such claims can bankrupt a theater company that is otherwise struggling to keep its doors open. Since the producer is also sued, his personal bank accounts, house, and other assets are at risk of judgment. In both STAGE PRODUCERS BUSINESS AND LEGAL GUIDE and BUSINESS AND LEGAL FORMS FOR THEATER, I warned Producers these cases would be coming at them. While you can't fully protect yourself from these costly lawsuits, you can take some preventive measures to minimize your risks. Consult your attorney now before it's too late. The Einhorn case will not be the last of these - at least not until we get some definitive law on the subject from either the courts or, less likely, by a modification and clarification to the Copyright laws. LINKS If you have a URL for a not for profit theater company or performing arts resource, I'd like to consider adding your link to my website. All I ask is that you reciprocate by adding my link to yours. For the rules and procedures, go to ww.charlesgrippo.org, to the "Links" page. Participate in the Forum section of my website. What topics would you like to see discussed in future newsletters? Email your suggestions to me at readermail@charlesgrippo.org You are receiving this free newsletter because you subscribed to it. To delete your address, go to my site and click "Unsubscribe" on the newsletter page. All contents copyright (c) 2006 by Charles Grippo. |
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